A surety who has paid the debt of his principal shall be subrogated, both at law and in equity, to all the rights of the creditor and, in a controversy with other creditors, shall rank in dignity the same as the creditor whose claim he paid.
(Ga. L. 1857, p. 111, § 4; Code 1863, § 2155; Code 1868, § 2150; Code 1873, § 2176; Code 1882, § 2176; Civil Code 1895, § 2995; Civil Code 1910, § 3567; Code 1933, § 103-501.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 74 Am. Jur. 2d, Suretyship, §§ 119, 171.
23 Am. Jur. Pleading and Practice Forms, Subrogation, § 2.
ALR.
- Right of surety on warehouseman's bond to be subrogated to rights of owner of property stored as against third person, 4 A.L.R. 518.
Payment of entire claim of third person as condition of subrogation, 9 A.L.R. 1596, 32 A.L.R. 568; 46 A.L.R. 857; 53 A.L.R. 304; 91 A.L.R. 855.
Right of surety who discharges obligation due to government, to be subrogated to rights of latter against third persons, 24 A.L.R. 1523.
Right of building contractor's surety who completes contract to money earned by contractor but unpaid before default, 45 A.L.R. 379; 134 A.L.R. 738; 164 A.L.R. 613.
Adjudication as essential to right of surety or endorser to be subrogated to payee's rights in collateral, 62 A.L.R. 551.
Right as between surety on contractor's bond and assignee of money to become due on contract, 76 A.L.R. 917.
Right of surety on supersedeas or appeal bond to subrogation, 77 A.L.R. 452.
Right of a third person who has paid corporation's indebtedness to be subrogated to creditors' right to enforce stockholders' statutory liability, 78 A.L.R. 611.
Right of surety on fidelity bond to be subrogated to obligee's right as against third person who caused or contributed to loss or failed in his duty to discover it, 95 A.L.R. 269.
Right of subrogation of fiduciary's surety to claim of the estate against third person who knew or was chargeable with notice that fiduciary's transaction with him involved breach of fiduciary's obligation, 134 A.L.R. 997.
Surety's right to be subrogated to obligee's right against third person as affected by equities in favor of latter which are insufficient to prevent his liability to obligee, 137 A.L.R. 700.
Right of one cojudgment debtor who pays judgment to be subrogated thereto as against the other cojudgment debtors, 157 A.L.R. 495.
Right of surety who has not paid debt to judicial protection of right of subrogation to creditor's securities, 160 A.L.R. 421.
Rights and remedies incident to subrogation to one but not both elements of a single cause of action for injury to person and damage to property, 166 A.L.R. 870.
Right of indemnitee's insurer defending action against indemnitee, to recover costs and attorneys' fees from indemnitor, 77 A.L.R.2d 1143.